McHenry County Blog

On September 23, I filed an appeal to McHenry County’s denial of my Freedom of Information request for “copes of the bills that were submitted by Special Prosecutor Tonigan,” plus for “any for consultants, investigators, or anything else submitted.”

“No, no, Cal, you can’t see those” is my summary of the reply denying my request.

And, from what I have been told by County Board members, they have not been allowed to see the bill submitted by Henry Tonigan either.

Having served as McHenry County Treasurer, in the United States Budget Bureau, on the Illinois Legislative Audit Commission and various appropriations committees, I’m trying to figure out how county decision-makers can in good faith pay bills on a “trust me” basis.

October 4th the letter you see was sent from the Public Access Counselor’s office of the Attorney General.

Signed by Assistant Attorney General Sunil Bhave on behalf of Public Access Counselor Cara Smith, the letter is a variation of

“Show me the money.”

Or at least how it was spent.

Click to enlarge any image.

“We have concluded that further inquiry (emphasis in the original) is warranted.

“FOIA does not include a Section 7(1)(c)(viii). While a prior version of FOIA included a Section (1)(c)(viii), FIA was amended on January 1, 200.

“Thus, McHenry County is directed

• to provide us with a detailed explanation as to why it contends that the requested information falls within the purview of the purported exemption.
• Finally, McHenry County is directed to provide us with a copy of the information responsive to Mr. Skinner’s FOIA request for us to review in determining whether any exemption claims have been property asserted.”

Within working seven days, please.

As the Laugh-In Nazi would say,

“Ver-r-r-r-r-r-y

In-ter-r-r-r-es-s-s-s-ting.”

This is getting amusing.

You will remember that I think the public has a right to see the billings of Special Prosecutor Henry Tonigan.

I have been denied those billings by both the County Board and County Auditor Pam Palmer.

All I really wanted to see was how much had been spent on computer forensic work so I could compare it to the, what, $20,000 Ancel Glink spent on the Grafton Township separation of powers case.

Not only can’t I see the detailed bills, but I can’t even see the court order directing payment of Tonigan’s bills.

And the county won’t reveal how much Tonigan and his assistant are billing per hour.

So what did I ask for next?

“Under the Freedom of Information Act, I request some part of the court order which will identify which judge has authorized, that is, ordered the payment of Special Prosecutor Henry Tonigan’s bills.”

Guess what?

I can’t get that either.

“Please refer to my denial response forwarded to on Friday Sept. 24th in regard to your FOIA request of Sept. 27.  The information you have requested in your Sept. 27th FOIA request falls within the scope of that denial.

“Therefore, your Sept. 27th request is denied.”

OK.

Another denial.

Another appeal to the Illinois Attorney General’s Office.

How much sense does it make to hide the name of the judge who ordered the payment?

This is getting humorous.

As you know, I have been trying to obtain information about Special Prosecutor Henry Tonigan’s bills to the county.

The County Board apparently is approving tens of thousands of dollars for his work and, I assume for his forensic computer consultants, without seeing anything but a resolution from the Finance and Audit Committee.

I have asked for the billings and had that Freedom of Information request denied.

There’s an ongoing investigation, don’t you know?

I have asked for any documents that would show the hourly billing rate for Tonigan and his consultants.

None exist.

I have just asked McHenry County Auditor Pam Palmer for something that would at least tell us what judge is ordering payment.

Here’s yesterday’s response from Palmer:

Dear Mr. Skinner,

Pam Palmer

Per your Freedom of Information Request received by my office on Monday, September 27, 2010 which requested “some part of the court order which will identify which judge has authorized, that is, ordered the payment of Special Prosecutor Henry Tonigan’s bills”,  I am denying the information request based upon the following:

Reason for denial:  All documents requested are subject to the ongoing investigation exemption and the case seal.

Statutory Reference for Exemption Claimed:  Freedom of Information Act 5 ILCS 140/7(1)(c)(viii)

A taxpayer might find his or her temperature rising at the ridiculousness of this extent of secrecy.

I think I’ll just chuckle and wonder what County Board members will do when the next resolution comes out of the committee called Finance and Audit.

“Audit.”

Just what does that mean?

Saturday afternoon at the Nunda Township Republican Picnic, I asked McHenry County Auditor Pam Palmer if she had gotten the Freedom of Information request that I sent just before closing.

The two women you can see clearly in the chow line are McHenry County College Board member and County Board candidate Donna Kurtz and McHenry County Auditor Pam Palmer.

She was on top it.

She said she didn’t have any bills that Special Prosecutor Henry Tonigan had submitted, but did have the court order.

So, I expected to receive a copy of the court order that had been denied by the County Board.

But I didn’t.

Here’s Palmer reply:

Per your Freedom of Information Request received by my office on Friday, September 24, 2010, specifically requesting all “documents submitted to justify any payments to Special Prosecutor Henry Tonigan, his staff and consultants”,  I am denying this information request based upon the following:

Reason for denial:  All documents requested are subject to the ongoing investigation exemption and the case seal.

Statutory Reference for Exemption Claimed:  Freedom of Information Act 5 ILCS 140/7(1)(c)(viii)

I’ll give her credit for promptness in her reply.  Less than one working day.

But, our County Board and our County Auditor are unwilling to show us how much documentation was received that resulted in the payment of tens of thousands of dollars to lawyers and, presumably, their consultants.

Having spent more of my life income on attorneys’ fees than any other category, I can tell you I have never paid a legal bill that was not itemized.

Wouldn’t you think someone in county government would realize that the days of

Trust me

went out with Jimmy Carter’s failed presidency?

We are even past the

Trust, but verify

approach of President Ronald Reagan.

Today, we should be verifying before we pay.

And trusting taxpayers enough to show them what the bill is for beyond the indictments issued by the grand jury…which is still in session.

That’s the letter I received denying me the right to see bills McHenry County Special Prosecutor Henry “Skip” Tonigan’s submitted to the County Board for payment.

I’m having difficulty understanding how using that part of the Freedom of Information Act granting an exemption because there is an on-going investigation is an adequate excuse for secrecy.

After all, the indictment has been issued and arrests made.